Contract - Keller Williams Realty - 9/25/2014 TEXAS ASSOCIATION OF REALTORS®
COMMERCIAL REAL ESTATE LISTING AGREEMENT
EXCLUSIVE RIGHT TO SELL
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®IS NOT AUTHORIZED.
®Texas Association of REALTOR®,Inc.2014
1. PARTIES:The parties to this agreement (this Listing) are:
Seller: City of Round Rock
Address: 221 East Main Street
City, State, Zip: Round Rock, Texas 78664
Phone: (512)218-5400 Fax:
E-Mail:
Broker:Keller Williams Realty
Address: 2300 Greenhill Drive, Suite 200
City, State, Zip: Round Rock, Tx 78664
Phone: (512)255-5050 Fax:
E-Mail: hgccim@gmail.com, madlynhatch@gmail.com
Seller appoints Broker as Seller's sole and exclusive real estate agent and grants to Broker the exclusive
right to sell the Property.
2. PROPERTY:
A. "Property" means the following real property in Texas:
Address: 615 East Palm Valley Boulevard
City:Round Rock County:Williamson Zip: 78664
Legal Description (Identify exhibit if described on attachment):Replat of lot 9 Heritage Center
Subdivision, Lot 9A,4.413 acres, Lot 9B, 3.756 acres, Lot 9C, .004 acres.
B. Except as otherwise provided in this Listing, Broker is to market the Property together with:
(1) all buildings, improvements, and fixtures;
(2) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and
interest in any minerals, utilities, adjacent streets, alleys, strips, gores, easements and rights-of-way;
(3) Seller's interest in all leases, rents, and security deposits for all or part of the Property;
(4) Seller's interest in all licenses and permits related to the Property;
(5) Seller's interest in all third party warranties or guaranties, if transferable, relating to the Property or
any fixtures;
(6) Seller's interest in any trade names, if transferable, used in connection with the Property; and
(7) all Seller's tangible personal property located on the Property that is used in connection with the
Property's operations except:None
(Describe any exceptions, reservations, or restrictions in Special Provisions or an addendum. If the
Properly is a condominium, attach Condominium Addendum to Listing(TAR-1401).)
(TAR-1301)4-1-14 Initialed for Identification by Seller and Broker/Associate Page 1 of 9
Keller Williams Realty,823 S.Austin Avenue Georgetown,TX 78626
Phone:512.626.9289 Fax: Harry Gibbs Project Heritage
Produced with zipFonn®by zIpLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.ziOLoabi cOnl
It-2014-14MS
615 East Palm Valley Boulevard
Commercial Listing concerning Round Rock, TX 78664
3. LISTING PRICE:
A. Seller instructs Broker to market the Property at the following gross sales price: $ 1,300,000.00
One Million, Three Hundred Thousand
(Listing Price).
B. Seller agrees to sell the Property for the Listing Price or any other price acceptable to Seller. Seller will
pay all typical closing costs charged to sellers of commercial real estate in Texas (seller's typical closing
costs are those set forth in the commercial contract forms published by the Texas Association of
REALTORS®) except
4. TERM:
A. This Listing begins on September 30, 2014 and ends at 11:59 p.m.
on September 30, 2015 . Seller may terminate this Listing on notice to Broker any time
after six months by giving Broker 21 days written notice
B. If Seller enters into a binding written contract to sell the Property before the date this Listing begins and
the contract is binding on the date this Listing begins, this Listing will not commence and will be void.
5. BROKER'S FEE:
A. Fee: When earned and payable, Seller will pay Broker a fee of:
❑ (1) % of the sales price.
C] (2) See attached Amendment to Listing
B. Earned: Broker's fee is earned when any one of the following occurs during this Listing:
(1) Seller sells, exchanges, agrcc3 to 3cll, or ngrcca to cxchangc all or part of the Property to anyone at
any price on any terms;
(2) Broker individually or in cooperation with another broker procures a buyer ready, willing, and able to
buy all or part of the Property at the Listing Price or at any other price acceptable to Seller;
(3) Seller grants or agrees to grant to another person an option to purchase all or part of the Property;
(4) Seller transfers or agrees to transfer all or part of Seller's interest (stock or shares) in any entity that
holds title to all or part of the Property for the purpose of conveying all or part of the Property to
another person; or
(5) Seller breaches this Listing.
C. Payable: Once earned, Broker's fee is payable either during this Listing or after it ends at the earlier of:
(1) the closing and funding of any sale or exchange of all or part of the Property;
(2) Seller's refusal to sell the Property after Broker's Fee has been earned;
(3) Seller's breach of this Listing; or
(4) at such time as otherwise set forth in this Listing.
Broker's fee is not payable if a sale of the Property does not close or fund as a result of: (i) Seller's
failure, without fault of Seller, to deliver to a buyer a deed or a title policy as required by the contract to
sell; (ii) loss of ownership due to foreclosure or other legal proceeding; or (iii) Seller's failure to restore
the Property, as a result of a casualty loss, to its previous condition by the closing date set forth in a
contract for the sale of the Property.
(TAR-1301)4-1-14 Initialed for Identification by Seller , and Broker/Associate Page 2 of 9
Produced with zrpFom®by zipLogic 18070 Fifteen Mlle Road,Fraser,Michigan 48026 www.ziotoaix,com Project Heritage
615 East Palm Valley Boulevard
Commercial Listing concerning Round Rock, TX 78664
.B- Othcr Fcc3:
(1) Lease of Property: If, during this Listing, Broker procures a tenant to lease all or part of the Property
and Seller agrees to lease all or part of the Property to the tenant, Seller will pay Broker at the time
the lease is executed the fee described below. If, during the term of the lease, the tenant agrees to
purchase all or part of the Property, Seller will pay Broker the fee specified in Paragraph 5A in
addition to the amount described below.
❑ (a) %of all base rents to be paid over the term of the lease and the same percentage of
t❑he following items to be paid over the term of the lease:❑ expense reimbursements; and
•
❑ (b)
(2) Renewals, Extensions, or Expansions of Property: If, during this Listing or after it ends, Seller
renews, extends, or expands the lease, Seller will pay Broker, at the time the renewal, extension, or
expansion becomes effective, a fee of:
❑ (a) % of all base rents to be paid over the term of the renewal or extension and the
same percentage of the following items to be paid over the same term: ❑ expense
reimbursements based on initial amounts ❑ ;
❑ (b) % of all base rents to be paid over the term of the expansion and the same
percentage of the following items to be paid over the same term: ❑ expense reimbursements
based on initial amounts❑ ; or
❑ (c)
In addition to their ordinary meanings, "extensions", "renewals,"and "expansions" include new leases
for more, less, or different space in the building or complex in which the property is located.
(3) Breach by Buyer Under Contract: If Seller collects earnest money, the sales price, or damages by
suit, compromise, settlement or otherwise from a buyer who breaches a contract for the sale of all or
part of the Property entered into during this Listing, Seller will pay Broker, after deducting attorney's
fees and collection expenses, an amount equal to the lesser of one-half of the amount collected after
deductions or the amount of the Broker's Fee stated in Paragraph 5A. Any amount paid under this
Paragraph 5D(3) is in addition to any amount that Broker may be entitled to receive for subsequently
selling the Property.
(4) Service Providers: If Broker refers Seller or a prospective buyer or tenant to a service provider (e.g.,
mover, cable company, telecommunications provider, utility, or contractor) Broker may receive a fee
from the service provider for the referral. Any referral fee Broker receives under this Paragraph 5D(4)
is in addition to any other compensation Broker may receive under this Listing.
(5) Other Fees and/or Reimbursable Expenses:
•
E. Protection Period:
(1) "Protection period" means that time starting the day after this Listing ends and continuing for 60
days.
(TAR-1301)4-1-14 Initialed for Identification by Seller , and Broker/Associate Page 3 of 9
Produced with zipForm®by zipLogix 18070 Fifteen Mie Road,Fraser,Michigan 48026 www.xwLoaix.com Project Heritage
615 East Palm Valley Boulevard
Commercial Listing concerning Round Rock, TX 78664
(2) Not later than 10 days after this Listing ends Broker may send Seller written notice specifying the
names of persons whose attention Broker has called to the Property during this Listing. If Seller
agrees to sell or lease all or part of the Property during the protection period to a person named in
the notice or to a relative or business associate of a person named in the notice, Seller will pay
Broker, upon the closing of the sale or upon execution of the lease, the amount Broker would have
been entitled to receive if this Listing were still in effect.
(3) "Person" means any person in any capacity whether an individual or entity. "Sell" means any transfer
of any interest in the Property whether by agreement or option.
(4) This Paragraph 5E survives termination of this Listing.
F. County:All amounts payable to Broker are to be paid in cash in Williamson
County, Texas.
G. Escrow Authorization: Seller authorizes, and Broker may so instruct, any escrow or closing agent
authorized to close a transaction for the purchase or acquisition of the Property to collect and disburse to
Broker all amounts payable to Broker under this Listing.
NOTICE: Under Chapter 62, Texas Property Code, Broker is entitled to claim a lien against the Property to
secure payment of an earned commission.
6. EXCLUSIONS:
A. Under a prior listing agreement Seller is obligated to pay another Texas licensed broker a fee if Seller
sells or leases all or part of the Property before to any of the
following persons:
(named exclusions).
B. If Seller enters into a contract to sell or lease all or part of the Property to a named exclusion before the
date specified in Paragraph 6A, Seller will not be obligated to pay Broker the fees under Paragraph 5 of
this Listing, but Seller will pay Broker, upon the closing of the sale or upon execution of the lease, a fee
equal to:
(1) % of the sales price if Seller sells the Property;
(2) % of all base rents to be paid over the term of the lease if Seller leases the Property
and the same percentage of the following items to be paid over the term of the lease:❑ expense
reimbursements; ❑ ;and
(3)
C. If Seller enters into a contract to sell or lease all or part of the Property to a named exclusion, Broker
will ❑ will not assist Seller in negotiating and closing the sale or lease to the named exclusion.
7. ACCESS TO THE PROPERTY: Authorizing access to the Property means giving permission to another
person to enter the Property, disclosing security codes necessary to enter the Property to such person, and
lending a key to the Property to such person. To facilitate the showing and sale of the Property, Seller
instructs Broker and Broker's associates to: (i) access the Property at reasonable times; (ii) authorize other
brokers, inspectors, appraisers, lenders, engineers, surveyors, and repair persons to enter the Property at
reasonable times; and (iii) duplicate keys to facilitate convenient and efficient showings.
8. COOPERATION WITH OTHER BROKERS: Broker will allow other brokers to show the Property to
prospective buyers. If the other broker procures a buyer who purchases the Property, Broker will offer to pay
the other broker a portion of Broker's fee under Paragraph 5.
(TAR-i 301)4-1-14 Initialed for Identification by Selle , and Broker/Associate Page 4 of 9
Produced with zipForme byzipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.ziDLoaix.COm Project Heritage
615 East Palm Valley Boulevard
Commercial Listing concerning Round Rock, TX 78664
9. INTERMEDIARY: (Check A or B only.)
Li A. Intermediary Status: Broker may show the Property to interested prospective buyers or tenants who
Broker represents. If a prospect who Broker represents offers to buy or lease the Property, Seller
authorizes Broker to act as an intermediary and Broker will notify Seller that Broker will service the
parties in accordance with one of the following alternatives.
(1) If a prospect who Broker represents is serviced by an associate other than the associate servicing
Seller under this Listing, Broker may notify Seller that Broker will: (a) appoint the associate then
servicing Seller to communicate with, carry out instructions of, and provide opinions and advice
during negotiations to Seller; and (b) appoint the associate then servicing the prospect to the
prospect for the same purpose.
(2) If a prospect who Broker represents is serviced by the same associate who is servicing Seller,
Broker may notify Seller that Broker will: (a) appoint another associate to communicate with, carry
out instructions of, and provide opinions and advice during negotiations to the prospect; and (b)
appoint the associate servicing the Seller under this Listing to the Seller for the same purpose.
(3) Broker may notify Seller that Broker will make no appointments as described under this Paragraph
9A and, in such an event, the associate servicing the parties will act solely as Broker's intermediary
representative, who may facilitate the transaction but will not render opinions or advice during
negotiations to either party.
❑ B. No Intermediary Status: Seller agrees that Broker will not show the Property to prospects who Broker
represents.
Notice: If Broker acts as an intermediary under Paragraph 9A, Broker and Broker's associates:
• may not disclose to the prospect that Seller will accept a price less than the asking price
unless otherwise instructed in a separate writing by Seller;
• may not disclose to Seller that the prospect will pay a price greater than the price
submitted in a written offer to Seller unless otherwise instructed in a separate writing by
the prospect;
• may not disclose any confidential information or any information Seller or the prospect
specifically instructs Broker in writing not to disclose unless otherwise instructed in a
separate writing by the respective party or required to disclose the information by the Real
Estate License Act or a court order or if the information materially relates to the condition
of the property;
• may not treat a party to the transaction dishonestly; and
• may not violate the Real Estate License Act.
10.CONFIDENTIAL INFORMATION: During this Listing or after it ends, Broker may not knowingly disclose
information obtained in confidence from Seller except as authorized by Seller or required by law. Broker may
not disclose to Seller any information obtained in confidence regarding any other person Broker represents
or may have represented except as required by law.
11. BROKER'S AUTHORITY:
A. Broker will use reasonable efforts and act diligently to market the Property for sale, procure a buyer, and
negotiate the sale of the Property.
B. In addition to other authority granted by this Listing, Broker may:
(1) advertise the Property by means and methods as Broker determines is appropriate in any media,
including but not limited to:
(a) placing a "For Sale" sign or similar marketing sign on the Property; and
(b) creating and placing information about the Property (including interior and exterior photographs
or videos):
(TAR-1301)4-1-14 Initialed for Identification by Selle• , and Broker/Associate Page 5 of 9
Produced with zipForm®by zipLaghc 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zioLoatx.corn Project Heritage
615 East Palm Valley Boulevard
Commercial Listing concerning Round Rock, TX 78664
(i) on the Internet on Broker's website and on other websites as Broker determines;
(ii) in any advertisements whether in print or electronic media; and
(iii) into listing services that may publicize the information on the Internet or by other means;
(2) reproduce, display, and distribute information about the Property, including the information described
under Paragraph 11 B(1), for the purposes of marketing the Property;
(3) furnish comparative marketing and sales information about other properties to prospects;
(4) disseminate information about the Property to other brokers and prospects, including applicable
disclosures, notices, or other information that Seller is required to make under law or a contract;
(5) obtain information from any holder of any note secured by a lien on the Property;
(6) accept, in trust, any earnest money, option fee, security deposit, or other money related to the
purchase or lease of the Property and deliver such money for deposit in accordance with a contract
for the sale or lease of the Property;
(7) disclose the sales price and terms of a sale or a lease to other brokers, appraisers, other real estate
professionals, and any listing services into which information about the Property is placed;
(8) place information about this Listing and a transaction for the Property on an electronic platform (an
electronic platform is typically an Internet-based system where professionals related to the
transaction, such as title companies and lenders, may receive, view, and input information); and
(9) advertise that Broker"sold" or "leased"the Property after the closing of a sale or execution of a lease
of the Property in which Broker was involved.
NOTICE:Any submission of information to a listing service must be made in accordance with listing
service's rules.
C. Broker is not authorized to execute any document in the name of or on behalf of Seller concerning the
Property.
D. Photographs, videos, and compilations of information submitted to a listing service are the property of
the listing service for all purposes.
12. REPRESENTATIONS:
A. Except as provided otherwise in this Listing, Seller represents that:
(1) Seller has fee simple title to and peaceable possession of the Property and all its improvements and
fixtures thereon, unless rented, and the legal capacity to convey the Property;
(2) Seller is not bound by a listing agreement with another broker for the sale, exchange, or lease of the
Property that is or will be in effect during this Listing;
(3) no person or entity has any right to purchase, lease, or acquire the Property by an option, right of
refusal, or other agreement;
(4) there are no delinquencies or defaults under any deed of trust, mortgage, or other encumbrance on
the Property;
(5) the Property is not subject to the jurisdiction of any court;
(6) Seller owns sufficient intellectual property rights in any materials which Seller provides to Broker
related to the Property (for example, brochures, photographs, drawings, or articles) to permit Broker
to reproduce and distribute such materials for the purposes of marketing the Property or for other
purposes related to this agreement; and
(7) all information relating to the Property Seller provides to Broker is true and correct to the best of
Seller's knowledge.
B. Seller and Broker must disclose any known material defect in the Property to a prospective buyer.
(Check only one box.)
❑ (1) Seller is not aware of any material defects to the Property except as stated in the attached
Commercial Property Condition Statement (TAR-1408). Seller authorizes Broker to furnish
prospective buyers and other brokers with a copy of the Commercial Property Condition Statement
(TAR-1408).
(TAR-1301)4-1-14 Initialed for Identification by Seller and Broker/Associate Page 6 of 9
Produced with zipForme by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.iioLoQix.com Project Heritage
615 East Palm Valley Boulevard
Commercial Listing concerning Round Rock, TX 78664
DI (2) Except as otherwise provided in this listing, Seller is not aware of;
(a) any subsurface: structures, pits, wastes, springs, or improvements;
(b) any pending or threatened litigation, condemnation, or assessment affecting the Property;
(c) any environmental hazards or conditions that materially affect the Property;
(d) whether the Property is or has ever been used for the storage or disposal of hazardous materials
or toxic waste, a dump site or landfill, or any underground tanks or containers;
(e) whether radon, asbestos containing materials, urea-formaldehyde foam insulation, lead-based
paint, toxic mold (to the extent that it adversely affects the health of ordinary occupants) or other
pollutants or contaminants of any nature now exist or have ever existed on the Property;
(f) any wetlands, as defined by federal or state law or regulation, on the Property;
(g) any threatened or endangered species or their habitat on the Property;
(h) any present or past infestation of wood-destroying insects in the Property's improvements;
(i) any contemplated material changes to the Property or surrounding area that would materially and
detrimentally affect the ordinary use of the Property;
(j) any material physical defects in the improvements on the Property; or
(k) any condition on the Property that violates any law or ordinance.
(List any exceptions to(a)-(k)in Special Provisions or an addendum.)
13.SELLER'S ADDITIONAL PROMISES: Seller agrees to:
A. cooperate with Broker to facilitate the showing and marketing of the Property;
B. not negotiate with any prospective buyer who may contact Seller directly, but refer all prospective buyers
to Broker;
C. not enter into a listing agreement with another Broker for the sale or exchange of the Property to become
effective during this Listing;
D. not enter into a listing agreement for the lease of all or part of the Property with another broker to
become effective during this Listing without Broker's written permission;
E. provide Broker with copies of the following, if any, relating to the Property: a current rent roll, all leases
including any amendments, architectural plans and drawings, renderings, survey, a current operating
statement, environmental inspection reports, engineering reports, and other relevant information that
Broker may request during this Listing;
F. advise Broker of any tenants moving in or out of the Property;
G. complete any disclosures or notices required by law or a contract to sell the Property;
H. amend any applicable notices and disclosures if any material change occurs during this Listing; and
I. at Seller's expense, remove from the Property all:
(1) "For Sale" (or similarly worded) signs other than Broker's signs;
(2) "For Lease" (or similarly worded) signs from the Property unless the Property is listed for lease with
another broker; and
(3) "For Information" (or similarly worded) signs other than Broker's signs.
14. LIMITATION OF LIABILITY:
A. If the Property is or becomes vacant during this Listing, Seller must notify Seller's casualty insurance
company and request a "vacancy clause"to cover the Property. Broker is not responsible for the security
of the Property nor for inspecting the Property on any periodic basis.
B. Broker is not responsible or liable in any manner for personal injury to any person or for loss or damage
to any person's real or personal property resulting from any act or omission not caused by Broker,
including but not limited to injuries or losses caused by:
(1) other brokers, inspectors, appraisers, lenders, contractors, surveyors, engineers, and other persons
who are authorized to access the Property;
(2) acts of third parties (for example,vandalism or theft);
(3) freezing or broken water pipes;
(4) a dangerous condition on the Property; and
(5) the Property's non-compliance with any law or ordinance.
(TAR-1301)4-1-14 Initialed for Identification by Seller , and Broker/Associate Page 7 of 9
Produced with zipForme by zipl.ogbc 18070 Fifteen Mie Road,Fraser,Michigan 48026 wwwzi)Louix.com Project Heritage
615 East Palm Valley Boulevard
Commercial Listing concerning Round Rock, TX 78664
C. Seller agrees to indemnify and hold Broker and Broker's associates harmless from any damages, costs,
attorney's fees, and expenses:
(1) that arise from Seller's failure to disclose any material information about the Property;
(2) that are caused by Seller giving incorrect information to Broker, other brokers, or prospects;
(3) that arise from any claim for misuse of intellectual property in any materials or information that Seller
provided to Broker related to the Property or this agreement; or
(4) that are otherwise caused by Seller or Seller's negligence.
15.SPECIAL PROVISIONS:
16. DEFAULT: If Seller breaches this Listing, Seller is in default and will be liable to Broker for the amount of
Broker's fee specified in Paragraph 5A and any other fees Broker is entitled to receive under this Listing. If a
sales price is not determinable in the event of any exchange or breach of this Listing, the Listing Price will be
the sales price for the purpose of calculating Broker's fee. If Broker breaches this Listing, Broker is in default
and Seller may exercise any remedy at law.
17. MEDIATION: The parties agree to negotiate in good faith in an effort to resolve any dispute that may arise
between the parties. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to
mediation. The parties to the dispute will choose a mutually acceptable mediator and will share the costs of
mediation equally.
18. ATTORNEY'S FEES: If Seller or Broker is a prevailing party in any legal proceeding brought as a result of a
dispute under this Listing or any transaction related to or contemplated by this Listing, such party may
recover from the non-prevailing party all costs of such proceeding and reasonable attorney's fees.
19. ADDENDA: Addenda or information that are part of this Listing are:
® A. Information About Brokerage Services (TAR-2501)
❑ B. Property Description Exhibit identified in Paragraph 2
❑ C. Condominium Addendum to Listing (TAR-1401)
❑ D. Commercial Property Condition Statement (TAR-1408)
❑ E. Information About On-Site Sewer Facility(TAR-1407)
❑ F. Information about Special Flood Hazard Areas (TAR-1414)
x❑ G. Amendment to Listing.
20.AGREEMENT OF THE PARTIES:
A. Entire Agreement: This Listing is the entire agreement of the parties and may not be changed except by
written agreement.
B. Assignability: Neither party may assign this Listing without the written consent of the other party.
C. Binding Effect: Seller's obligations to pay Broker an earned fee is binding upon Seller and Seller's heirs,
administrators, executors, successors, and permitted assigns.
D. Joint and Several: All Sellers executing this Listing are jointly and severally liable for the performance of
all its terms.
E. Governing Law: Texas law governs the interpretation, validity, performance, and enforcement of this
Listing.
(TAR-1301)4-1-14 Initialed for Identification by Salle' , and Broker/Associate Page 8 of 9
Produced with zipFmm®by zIpL.agix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zioLoaix.com Project Heritage
615 East Palm Valley Boulevard
Commercial Listing concerning Round Rock, TX 78664
F. Severability: If a court finds any clause in this Listing invalid or unenforceable, the remainder of this
Listing will not be affected and all other provisions of this Listing will remain valid and enforceable.
G. Partial Sales or Leases: If Seller sells or leases part of the Property before the date this Listing ends, this
Listing will continue for the remaining part of the Property through the term of this Listing.
H. Notices: Notices between the parties must be in writing and are effective when sent to the receiving
party's address, fax, or e-mail specified in Paragraph 1.
21.ADDITIONAL NOTICES:
A. Broker's fees or the sharing of fees between brokers are not fixed, controlled, recommended,
suggested, or maintained by the Texas Association of REALTORS®, its local affiliates, or any
listing service. Broker's fees are negotiable.
B. The Property must be shown and made available to all persons without regard to race, color,
religion, national origin, sex, disability, or familial status. Local ordinances and the National
Association of REALTORS® Code of Ethics may provide for additional protected classes (e.g.,
creed, status as a student, marital status,sexual orientation, or age).
C. If the Property contains a residential dwelling built before 1978, federal law requires the Seller to:
(1) provide the buyer with the promulgated lead hazard information pamphlet (TAR-2511); and (2)
disclose the presence of any known lead-based paint or lead-based paint hazards.
D. Broker cannot give legal advice.This is a legally binding agreement. READ IT CAREFULLY. If you
do not understand the effect of this Listing, consult your attorney BEFORE signing.
Seller: City of Round Rock Broker:
Broker/Company Name:Keller Williams Realty
By: £
,t , ,1'K)1/1,1/1d.
11,. J -120C/
1 j „ K License No.
0
B si nature : By(signature):
y( g }
Printed Name: Nom MVV'kyrit.w Printed Name:
Title: IVMAV rn' Date: 9.1914- Title: License No.
ll Date:
By:
By(signature):
Printed Name:
Trtle: Date:
(TAR-1301)4-1-14 Page 9 of 9
Produced with zipFomilD by zipLogbc 18070 Fifteen Mile Road,Fraser,Michigan 48026 wwwaluloaec com Project Heritage
TEXAS ASSOCIATION OF REALTORS®
AMENDMENT TO LISTING
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®IS NOT AUTHORIZED.
@Texas Assoclatbn of REALTORS%Inc.2004
AMENDMENT TO LISTING AGREEMENT BETWEEN THE UNDERSIGNED PARTIES
CONCERNING THE PROPERTY AT
615 East Palm Valley Boulevard, Round Rock, TX 78664
"Owner"means the seller or landlord of the above-referenced Property.
Effective , Owner and Broker amend the above-referenced Listing as follows:
[i A. The Listing Price in Paragraph 3 of the Listing is changed to:$
B. The date the Listing ends in Paragraph 4 of the Listing is changed to:
C. Owner instructs Broker to cease marketing the Property on and to
resume marketing the Property on: ❑ (1) receipt of further instructions from Owner; or ❑ (2)
The Listing is not terminated and remains in effect for all other purposes.
NI D. Paragraph(s) 5. & 6. are changed as follows:
5. BROKER'S FEE:
The broker's fee is as follows:
Base fee is 6%of the final negotiated sales price.The base fee will be modified as follows:
1.In the event that the buyer is not represented by another broker then the fee will be 5% of the final
negotiated sales price.
2.In the event that an Excluded Party,as defined below, enters into a Letter of Intent or a contract to
purchase the property within thirty days after the effective date of this Listing Agreement,the fee will be
1% of the final negotiated sales price. If an Excluded Partyenters into a Letter of Intent or a contract to
purchase the property more than thirty days after the effctive date of this Listing Agreement,the fee will
be 2% of the fnal negotiated sales price. Broker will assist Seller with negotiations and provide factual
and business information as needed to help Seller make a prudent contractual decision.
6.EXCLUSIONS:
1."Excluded Party"shall mean the following individuals and/or entities:
a)John Lewis,individually and the John Lewis Company, and any entity in which either has an
ownership interest;and
b)David Young and any entity in which he has an ownership interest.
Gi ()s- 1414161 -a
Broker's(Company's)Printed Name License No. Seller dr Landlord Date
B � 9.25 (+-
y
Broker's Associate's Signature Date Seller or Landlord Date
(TAR-1404) 1-7-04 Page 1 of 1
Keller Williams Realty,823 S.Austin Avenue Georgetown,TX 78626
Phone:512.626.9289 Fax: Harry Gibbs Project Heritage
Produced with ZipForm®by zipLogix 18070 Fifteen Mlle Road,Fraser,Michigan 48026 www.zipLogix.ccm
AApproved by the Texas Real Estate Commission for Voluntary Use 10-10-11
Texas law requires all real estate licensees to give the following information about
�rpp;gn brokerage services to prospective buyers, tenants, sellers and landlords.
Information About Brokerage Services
Before working with a real estate broker, you intermediary. The written consent must state who will
should know that the duties of a broker pay the broker and, in conspicuous bold or underlined
depend on whom the broker represents. If print, set forth the broker's obligations as an
you are a prospective seller or landlord intermediary. The broker is required to treat each
(owner) or a prospective buyer or tenant (buyer), you party honestly and fairly and to comply with The
should know that the broker who lists the property for Texas Real Estate License Act. A broker who acts as
sale or lease is the owner's agent. A broker who acts an intermediary in a transaction:
as a subagent represents the owner in cooperation
with the listing broker. A broker who acts as a buyer's (1) shall treat all parties honestly;
agent represents the buyer. A broker may act as an
intermediary between the parties if the parties consent (2) may not disclose that the owner will accept a
in writing. A broker can assist you in locating a price less than the asking price unless authorized in
property, preparing a contract or lease, or obtaining writing to do so by the owner;
financing without representing you. A broker is (3) may not disclose that the buyer will pay a
obligated by law to treat you honestly. price greater than the price submitted in a written offer
IF THE BROKER REPRESENTS THE OWNER: unless authorized in writing to do so by the buyer;and
The broker becomes the owner's agent by entering (4) may not disclose any confidential information
into an agreement with the owner, usually through a or any information that a party specifically instructs the
written - listing agreement, or by agreeing to act as a broker in writing not to disclose unless authorized in
subagent by accepting an offer of subagency from the writing to disclose the information or required to do so
listing broker. A subagent may work in a different real by The Texas Real Estate License Act or a court order
estate office. A listing broker or subagent can assist or if the information materially relates to the condition
the buyer but does not represent the buyer and of the property.
must place the interests of the owner first. The buyer
should not tell the owner's agent anything the buyer With the parties' consent, a broker acting as an
would not want the owner to know because an intermediary between the parties may appoint a
owner's agent must disclose to the owner any material person who is licensed under The Texas Real Estate
information known to the agent. License Act and associated with the broker to
communicate with and carry out instructions of one
IF THE BROKER REPRESENTS THE BUYER: party and another person who is licensed under that
The broker becomes the buyer's agent by entering Act and associated with the broker to communicate
into an agreement to represent the buyer, usually with and carry out instructions of the other party.
through a written buyer representation agreement. A
buyer's agent can assist the owner but does not if you choose to have a broker represent you, you
represent the owner and must place the interests of should enter into a written agreement with the broker
the buyer first. The owner should not tell a buyer's that clearly establishes the broker's obligations and
agent anything the owner would not want the buyer to your obligations. The agreement should state how and
know because a buyer's agent must disclose to the by whom the broker will be paid.You have the right to
buyer any material information known to the agent. choose the type of representation, if any, you wish to
receive. Your payment of a fee to a broker does not
IF THE BROKER ACTS AS AN INTERMEDIARY: necessarily establish that the broker represents you. If
A broker may act as an intermediary between the you have any questions regarding the duties and
parties if the broker complies with The Texas Real responsibilities of the broker, you should resolve those
Estate License Act.The broker must obtain the written questions before proceeding.
consent of each party to the transaction to act as an
Real estate licensee asks that you acknowledge receipt of this information about brokerage services for the licensee's records.
Buyer,Seller,Landlord or Tenant Date
Texas Real Estate Brokers and Salespersons are licensed and regulated by the Texas Real Estate Commission(TREC).If you have a question or complaint
regarding a real estate licensee,you should contact TREC at P.O.Box 12188,Austin,Texas 78711-2188,512-936-3000(http://www.trec.texas.gov)
(TAR-2501) 10-10-11 TREC No.OP-K
Keller Williams Realty,823 S.Austin Avenue Georgetown,TX 78626
Phone:512.626.9289 Fax: Harry Gibbs Project Heritage
Produced with ZlpForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 98026 www.zloLooix.com